Federal criminal conspiracy charges can be serious because they may involve multiple people, alleged criminal agreements, and investigations conducted by federal law enforcement agencies. A person can face a conspiracy charge even when prosecutors do not allege that the person personally completed the underlying crime.
Understanding what federal conspiracy means, what prosecutors must prove, and what defenses may apply can help anyone facing an investigation or federal charge better understand the legal process.
What Is a Federal Criminal Conspiracy?
A federal conspiracy generally involves an agreement between two or more people to commit an offense against the United States, along with the circumstances required by the particular conspiracy statute.
One of the federal government’s commonly used conspiracy laws is 18 U.S.C. § 371. Under this statute, it can be a federal crime for two or more people to conspire either to commit an offense against the United States or to defraud the United States, when at least one conspirator takes an act to accomplish the purpose of the conspiracy.
The alleged agreement does not necessarily need to be written or formally documented. Prosecutors may attempt to establish an agreement through communications, conduct, financial records, witness testimony, or other evidence.
How Does a Federal Conspiracy Charge Work?
A conspiracy case typically focuses on the alleged agreement and the participants’ actions rather than only on whether the planned crime was completed.
For a conspiracy charge under § 371, prosecutors generally must establish the elements required by the statute. This can include showing that:
- Two or more people agreed to pursue an unlawful objective.
- The defendant knowingly and voluntarily participated in the agreement.
- The conspiracy involved an offense against the United States or a scheme to defraud the United States.
- At least one conspirator committed an overt act to advance the conspiracy when the applicable statute requires one.
The exact requirements can vary depending on the federal conspiracy statute involved. Federal law contains several conspiracy provisions, so the specific statute listed in an indictment matters.
Does the Underlying Crime Have to Be Completed?
Not necessarily.
One important feature of conspiracy law is that the alleged criminal plan may form the basis of a conspiracy charge even if the underlying offense was never completed.
For a § 371 conspiracy, an overt act by at least one conspirator can satisfy the statute’s requirement even if the planned federal offense ultimately fails.
For example, suppose prosecutors allege that several people agreed to commit a federal offense and one participant took an action intended to advance that plan. The government may pursue a conspiracy charge even if the planned offense was not ultimately completed.
The specific requirements, however, depend on the statute involved and the facts of the case.
What Is an Overt Act?
An overt act is an action taken to further the alleged conspiracy.
The act does not necessarily have to be criminal by itself. Depending on the circumstances and applicable law, prosecutors may rely on an otherwise lawful action if they claim that it was taken to advance the unlawful agreement.
For example, prosecutors might point to activities such as:
- Arranging a meeting
- Making a payment
- Purchasing materials
- Sending communications
- Traveling to a particular location
- Transferring money
- Providing information to another participant
Whether an action qualifies as an overt act depends on the applicable federal statute and the facts prosecutors can establish.
Can You Be Charged Even If You Did Not Commit the Main Crime?
Yes.
A conspiracy charge is based on the alleged agreement and participation in the conspiracy. A person does not necessarily have to personally carry out the underlying offense to face a conspiracy charge.
However, prosecutors still must prove the elements of the particular conspiracy offense beyond a reasonable doubt at trial.
Simply knowing someone involved in a crime does not automatically establish criminal conspiracy. The government generally must prove the defendant’s required level of knowledge and intent.
What Does the Government Have to Prove?
The prosecution’s burden depends on the specific federal conspiracy statute.
In a § 371 case, the government generally must prove the defendant knowingly and voluntarily joined the conspiracy and that the statutory requirements were satisfied.
This can make intent and knowledge important issues in federal conspiracy cases.
For example, a person may have communicated with someone involved in criminal activity without knowing about the unlawful plan. Mere association with someone accused of a crime does not automatically establish participation in a conspiracy.
The government may attempt to prove intent through circumstantial evidence, including communications, financial transactions, meetings, documents, or the defendant’s conduct.
What Is the Difference Between Conspiracy and Attempt?
Conspiracy and attempt are different federal offenses.
1. Conspiracy generally focuses on an agreement to commit an offense. Depending on the applicable statute, the prosecution may also need to establish an overt act.
2. Attempt generally focuses on whether a person took substantial steps toward completing a crime with the required criminal intent.
For example, two people who allegedly agree to commit a federal offense may potentially face conspiracy allegations even if the planned offense is never completed. A separate attempt charge may depend on whether the requirements for attempt under the applicable federal law have been met.
The same conduct can sometimes result in multiple federal charges.
Can One Person Be Convicted of Conspiracy?
Yes. Although a conspiracy generally involves an agreement between at least two people, the government does not necessarily need to prosecute every alleged participant.
One person may be charged and prosecuted based on evidence that the person entered into the alleged agreement with another individual or individuals.
The government may also use testimony or evidence involving alleged co-conspirators to establish its case.
What Happens If Someone Leaves the Conspiracy?
Withdrawal can be a complicated issue in federal conspiracy cases.
Simply deciding privately to stop participating does not necessarily erase liability for an already-formed conspiracy. The legal effect of withdrawal can depend on the specific offense, the timing of the withdrawal, and what the defendant allegedly did afterward.
Withdrawal may also have implications for whether certain later acts can be attributed to a defendant or whether a particular defense is available.
Anyone who believes they are involved in a federal investigation should speak with a criminal defense attorney before taking steps intended to distance themselves from an alleged conspiracy.
What Evidence Can Prosecutors Use?
Federal prosecutors may rely on different types of evidence when building a conspiracy case.
Potential evidence can include:
- Text messages and emails
- Recorded conversations
- Financial records
- Bank transactions
- Surveillance footage
- Business records
- Witness testimony
- Search warrants and seized materials
- Travel records
- Statements made during an investigation
- Evidence obtained from cooperating witnesses
Federal investigations can involve multiple agencies and may continue for months before charges are filed.
Because conspiracy cases can involve large amounts of evidence, understanding how individual pieces of evidence connect to the alleged agreement can be an important part of the defense.
What Penalties Can Apply to Federal Conspiracy?
The potential penalty depends on the specific conspiracy statute and the offense prosecutors allege.
Under 18 U.S.C. § 371, a person convicted of conspiracy may face a fine and imprisonment for up to five years when the conspiracy involves an offense against the United States or a scheme to defraud the United States, subject to the statutory exceptions provided by law.
Other federal conspiracy statutes carry different penalties. For example, certain drug conspiracy charges can be prosecuted under federal controlled-substance laws and may carry substantially different sentencing provisions.
Federal sentencing can also involve the U.S. Sentencing Guidelines, which may affect the advisory sentencing range based on factors such as the offense conduct and the defendant’s criminal history.
Why Federal Conspiracy Cases Can Be Complicated
Conspiracy cases can become complicated because prosecutors may attempt to connect multiple people, transactions, communications, and events into one alleged criminal agreement.
The government may argue that individual actions were part of a larger plan. The defense may dispute whether an agreement existed, whether the defendant knowingly joined it, or whether the evidence actually establishes the required elements of the offense.
The prosecution’s interpretation of communications or relationships does not automatically establish guilt. The evidence must satisfy the legal requirements applicable to the charge.
What Should You Do If You Are the Subject of a Federal Investigation?
If you believe federal investigators are looking into your conduct, do not assume that an investigation will simply go away.
Avoid discussing potentially incriminating facts with other people, especially through text messages, email, or social media. Do not destroy documents, delete communications, or alter records. Those actions can create additional legal problems.
Instead, consider speaking with a federal criminal defense attorney as early as possible. An attorney can help you understand your rights, evaluate the circumstances of the investigation, and advise you about how to respond to federal investigators.
Final Thoughts
Federal criminal conspiracy charges focus on alleged agreements to commit federal offenses or, in certain circumstances, defraud the United States. Under 18 U.S.C. § 371, prosecutors generally must establish the elements of the conspiracy, including the defendant’s knowing and voluntary participation and an overt act when required by the statute.
Because federal conspiracy laws differ depending on the underlying offense, the potential penalties and available defenses can vary significantly.
If you are facing a federal investigation or conspiracy charge in Alabama, Joe Ingram Law can review the circumstances of your case and explain the federal charges and legal options that may apply.
